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New Idea

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dk57blue

Junior Member
I recently had an idea for a new invention. I conducted a patent search and founded that my idea had been patent over ten years ago. The idea is the same, but my drawing and mechanics are different. The description and summary of the invention is the same. My question is, can I still maufacture this idea even thou its has been patent anyway. Keep in mine that my invention looks totally different from the patent one. The patent invention has never been to market.What is the name of your state (only U.S. law)? Im in the state of California.
 


divgradcurl

Senior Member
I recently had an idea for a new invention. I conducted a patent search and founded that my idea had been patent over ten years ago. The idea is the same, but my drawing and mechanics are different. The description and summary of the invention is the same. My question is, can I still maufacture this idea even thou its has been patent anyway. Keep in mine that my invention looks totally different from the patent one. The patent invention has never been to market.What is the name of your state (only U.S. law)? Im in the state of California.

Not legally, unless you obtain permission (a license) from the patent owner first. Your best bet is to either contact the patent owner, and try and negotiate a license, or sit down with a local patent attorney, who can review your idea and the patent in question and determine what, if any, risks you might be facing if you procede without a license.
 

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